Pennsylvania
Pennsylvania Car Accident Laws: Tort Choice, PIP, and Your Claim
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 6 primary sources cited on this page. How we verify our legal content
Pennsylvania is a "choice" no-fault state, one of only three in the country, where every driver must elect either the "full tort" option (unrestricted right to sue for pain and suffering) or the cheaper "limited tort" option (economic losses only, with a verbal serious-injury threshold to access non-economic damages). In either case, Pennsylvania uses modified comparative negligence with a 51% bar under 42 Pa.C.S. § 7102, and you generally have 2 years to file a personal-injury lawsuit.
Is Pennsylvania a no-fault or at-fault state?
Pennsylvania is one of only three "choice" no-fault states in the country, alongside New Jersey and Kentucky. Under 75 Pa.C.S. § 1705, every applicant for a private-passenger auto policy must be offered a one-time election between two tort options before coverage takes effect.
The full tort option preserves your unrestricted right to sue the at-fault driver for both economic losses (medical bills, lost wages) and non-economic damages (pain, suffering, loss of enjoyment of life) regardless of how serious the injury is. Drivers who choose full tort pay a higher premium but keep their full access to the courts. Importantly, if an insured never responds to the election notice, Pennsylvania law under § 1705(a)(3) conclusively presumes they chose full tort.
The limited tort option costs less at the time of purchase but waives the right to sue for non-economic damages unless the verbal serious-injury threshold is met or a statutory exception applies (explained in the next section). Both options are built on a first-party-benefits (PIP) backbone, so Pennsylvania blends no-fault first-party medical recovery with a retained tort right whose scope depends entirely on the driver's election. Checking your declarations page to confirm which option you carry is the first critical step after any Pennsylvania crash.
How fault is shared: Pennsylvania's negligence rule
Pennsylvania follows modified comparative negligence with a 51% bar, codified at 42 Pa.C.S. § 7102. Under this standard, you may recover damages from an at-fault driver even if you were partly responsible, as long as your share of fault is 50% or less. Your total award is then reduced proportionally by your percentage of fault.
If you are found 51% or more at fault, you are completely barred from recovering anything from the other party. For example, if you suffered $100,000 in damages and a jury assigns you 30% of the fault, you recover $70,000. If you are found 55% at fault, you recover nothing. This comparative-fault analysis is applied after any tort-option threshold question is resolved: a limited-tort driver must first establish that the injury meets the verbal threshold or a statutory exception before the comparative-fault math applies to the recoverable damages.
Minimum car insurance in Pennsylvania
Pennsylvania's minimum "financial responsibility" amounts are set in 75 Pa.C.S. § 1702 and required under § 1786: $15,000 bodily injury per person, $30,000 per accident, and $5,000 property damage (15/30/5). These are among the lowest bodily-injury minimums in the country. A single serious crash can far exceed these amounts, leaving injured parties to pursue the at-fault driver personally or rely on their own underinsured-motorist coverage.
In addition to the liability minimums, every policy must include mandatory first-party medical benefits of at least $5,000 under 75 Pa.C.S. § 1711(a). These benefits (also called PIP) pay for the insured's own medical expenses regardless of fault. Optional first-party benefits covering income loss, accidental death, funeral expenses, extraordinary medical costs, and combination packages are available under § 1712 but are not mandatory.
Uninsured and underinsured motorist coverage must be offered on every policy under 75 Pa.C.S. § 1731(a), but purchase is optional. A named insured who wishes to reject UM or UIM must sign the specific statutory rejection forms prescribed by §§ 1731(b)-(c) and 1734, printed on separate sheets in prominent type. If the insurer cannot produce a valid signed waiver, UM/UIM is deemed to equal the policy's bodily-injury liability limits. An insured may also request reduced UM/UIM limits down to the 15/30 minimum under § 1734. Given Pennsylvania's low 15/30/5 mandatory minimums, carrying robust UIM coverage is one of the most practical steps a Pennsylvania driver can take.
How long you have to file: the statute of limitations
Pennsylvania imposes a 2-year statute of limitations for personal-injury actions arising from car accidents, under 42 Pa.C.S. § 5524(2), which covers actions to recover damages for injuries to the person caused by the wrongful act or negligence of another. The clock generally begins running on the date of the crash. Missing this deadline ordinarily results in dismissal regardless of the merits of the underlying claim.
Property-damage claims arising from the same crash are also governed by 42 Pa.C.S. § 5524(3) and carry the same 2-year window. Pennsylvania courts recognize the discovery rule in limited circumstances, which can delay the start of the limitations period when the injured party could not reasonably have known of the injury or its cause at the time of the crash, but the discovery rule is narrowly applied in routine collision cases.
Tolling for minority and incapacity is available under 42 Pa.C.S. § 5533, which can extend the limitations period for injured minors or those under legal disability. If your crash involves a state or local government entity, sovereign-immunity and notice-of-claim rules may apply, potentially shortening the practical window for action.
For a broader overview of how Pennsylvania limits legal claims, see our Pennsylvania statute of limitations page.
What a Pennsylvania car accident claim is worth
The value of a Pennsylvania car accident claim depends first on which tort option you elected. For limited-tort drivers, non-economic damages (pain, suffering, mental anguish, loss of enjoyment of life) are available only if the injury is a "serious injury" under 75 Pa.C.S. §§ 1705(d) and 1702, meaning death, serious impairment of body function, or permanent serious disfigurement. Even without meeting the verbal threshold, limited-tort drivers can access non-economic damages if a statutory exception applies: the at-fault driver was convicted of or accepted ARD for DUI; the at-fault vehicle was registered in another state; the at-fault driver intended the injury; the at-fault vehicle was uninsured; the injured person occupied a vehicle other than a private passenger motor vehicle; or the injury arose from a defect in a motor vehicle caused, or not corrected, by someone in the business of designing, manufacturing, repairing, or servicing motor vehicles.
For full-tort drivers, there is no threshold. Non-economic damages are available for any injury and the analysis moves directly to valuation. Economic damages, which include medical expenses above the $5,000 mandatory PIP benefit, future medical costs, lost wages, and future lost earning capacity, are recoverable in either case once a lawsuit is pursued.
After damages are established, Pennsylvania's modified comparative-negligence rule (42 Pa.C.S. § 7102) reduces your recovery by your share of fault. Insurance limits then cap what you can realistically collect from the at-fault driver's carrier. Because Pennsylvania's mandatory minimums are just 15/30/5, underinsured-motorist coverage from your own policy is often the most important financial protection available when the at-fault driver carries minimum limits.
Use our Pennsylvania car accident settlement calculator to model how your tort election, PIP benefits, the verbal-threshold analysis, comparative fault, and insurance limits interact in your specific case.
What to do after a car accident in Pennsylvania
Taking the right steps after a Pennsylvania crash protects your health, preserves your tort rights, and positions you to recover the maximum available under your chosen option.
Stop, secure the scene, and contact emergency services. Pennsylvania law requires any driver involved in a crash involving injury, death, or property damage to stop immediately. Crashes involving injury or death must be reported. An official police report creates a contemporaneous record that documents parties, conditions, and initial statements.
Seek medical care promptly. Your mandatory $5,000 first-party medical benefit under 75 Pa.C.S. § 1711 pays for your treatment regardless of fault, so file a PIP claim with your own insurer right away. Prompt, documented medical treatment is also critical for limited-tort drivers: you need clear medical documentation to establish whether the injury rises to "serious impairment of body function" or "permanent serious disfigurement" if you intend to pursue non-economic damages.
Document everything at the scene. Photograph vehicle damage from multiple angles, road conditions, traffic controls, visible injuries, and debris. Collect the other driver's insurance information, license number, and plate number. Get contact information from witnesses. Note any businesses with surveillance cameras, traffic cameras, or nearby dashcam footage that might have captured the crash.
Locate your declarations page and identify your tort option. Your insurance carrier must have sent an election notice; the tort option you (or a household member) selected is stated on the policy declarations page. Whether you carry full tort or limited tort dictates the entire scope of any pain-and-suffering claim, so knowing this before speaking with any insurer is essential.
Report to your own insurer and file the PIP claim. Cooperate with your insurer's reasonable requests. However, you are not obligated to give a recorded statement to the other driver's insurer before consulting an attorney. Statements made to opposing carriers become part of the claim record.
Consult an attorney before accepting any settlement. Pennsylvania's choice no-fault system, the verbal-threshold and statutory-exception analysis, the comparative-fault rules, and the interplay of PIP with liability limits are all fact-specific and complex. An attorney can evaluate whether your injury meets the serious-injury standard, identify applicable exceptions, and ensure you do not waive recoverable damages by accepting an early lowball offer.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Pennsylvania.
Related pages:
- Pennsylvania Car Accident Settlement Calculator
- Pennsylvania Hit-and-Run Laws
- Car Accident Laws by State: Hub
- Pennsylvania Statute of Limitations
More Pennsylvania Laws
Frequently Asked Questions
Is Pennsylvania a no-fault state?
Partially. Pennsylvania is a 'choice' no-fault state under 75 Pa.C.S. § 1705. Every driver carries mandatory first-party medical benefits (PIP) of at least $5,000 that pay regardless of fault. However, every driver also elects either 'full tort' (unrestricted right to sue for pain and suffering) or 'limited tort' (economic losses only, subject to a verbal serious-injury threshold and statutory exceptions) at policy purchase. The tort option you carry controls your right to pursue non-economic damages from the at-fault driver.
Is Pennsylvania an at-fault state?
Not entirely. Pennsylvania is a choice no-fault state, so your own PIP pays first regardless of fault. However, drivers who elected the full-tort option may sue the at-fault driver for pain and suffering just as in a pure at-fault state. Limited-tort drivers may also sue for non-economic damages if the injury meets the verbal threshold (serious impairment of body function, death, or permanent serious disfigurement) or if a statutory exception applies, such as the at-fault driver being DUI-convicted, driving an out-of-state-registered vehicle, or being uninsured.
What is the difference between full tort and limited tort in Pennsylvania?
Full tort preserves your unrestricted right to sue the at-fault driver for both economic and non-economic damages (pain and suffering) for any injury. Limited tort costs less in premiums but waives the right to non-economic damages unless your injury is a 'serious injury' (death, serious impairment of body function, or permanent serious disfigurement) under 75 Pa.C.S. § 1705(d), or unless one of the statutory exceptions applies. Failing to respond to the election notice defaults you to full tort under § 1705(a)(3).
What is the statute of limitations for a car accident in Pennsylvania?
Two years from the date of the accident for personal-injury claims, under 42 Pa.C.S. § 5524(2). Property-damage claims carry the same 2-year deadline under § 5524(3). Missing the deadline generally bars your claim. Tolling may apply for minors or those under legal disability under 42 Pa.C.S. § 5533. Claims against government entities may involve shorter notice-of-claim requirements.
Can I still recover if I was partly at fault in Pennsylvania?
Yes, as long as your share of fault is 50% or less. Pennsylvania uses modified comparative negligence with a 51% bar under 42 Pa.C.S. § 7102. Your recovery is reduced proportionally by your percentage of fault. If you are found 51% or more at fault, you are barred from recovering anything from the other driver. This rule applies in addition to, and after, any verbal-threshold analysis for limited-tort drivers.
What are the minimum car insurance requirements in Pennsylvania?
Pennsylvania requires: $15,000 bodily injury per person / $30,000 per accident / $5,000 property damage (15/30/5) under 75 Pa.C.S. §§ 1702 and 1786, plus mandatory first-party medical benefits of at least $5,000 (PIP) under § 1711. These are among the lowest bodily-injury minimums in the country. Uninsured and underinsured motorist coverage must be offered but can be declined by signing the specific statutory rejection form under §§ 1731 and 1734.
How much is my Pennsylvania car accident claim worth?
Claim value depends on your elected tort option, the severity of your injuries (and whether they meet the verbal serious-injury threshold for limited-tort drivers), how fault is allocated under modified comparative negligence, and what insurance coverage is available. Economic damages (medical bills above PIP, lost wages, future care costs) are recoverable in either case. Non-economic damages (pain and suffering) require either the full-tort option or meeting the verbal threshold or a statutory exception. Use our Pennsylvania car accident settlement calculator to model your specific situation.
Injured in Pennsylvania? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Pennsylvania personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Completed the limited-tort exceptions list under 75 Pa.C.S. Section 1705(d), which had omitted the exception retaining full-tort rights for vehicle-defect and product-liability claims against a manufacturer, repairer, or servicer.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Pennsylvania Consolidated Statutes Title 42 (Judiciary and Judicial Procedure)
§ 5524Two year limitationIn forcecited in 16 of our articles
The following actions and proceedings must be commenced within two years: (1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process. (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. (3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof. (4) An action for waste or trespass of real property. (5) An action upon a statute for a civil penalty or forfeiture. (6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession. (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 1,427 court opinionsMost recently applied by a court: 2026
Leading cases:
- Fine v. Checcio (Supreme Court of Pennsylvania 2005, 582 Pa. 253)“…ry judgment based on the two year statute of limitations in 42 Pa.C.S. § 5524(2). 1 In their respective…”
- Dalrymple v. Brown (Supreme Court of Pennsylvania 1997, 549 Pa. 217)“…g that the matter was barred by the statute of limitations, 42 Pa.C.S. § 5524, which provides that the causes of acti…”
- Anthony v. Koppers Co., Inc. (Supreme Court of Pennsylvania 1981, 496 Pa. 119)“…ve June 27, 1978. See Section 5524(2) of the Judicial Code, 42 Pa.C.S. § 5524(2) (now providing a two year limitation…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pennsylvania Dog Bite Laws: Liability and Victim Rights, Medical Malpractice Laws in Pennsylvania (2026): Deadlines & Caps, Motorcycle Accident Laws in Pennsylvania (2026): Deadlines
§ 5533Infancy, insanity or imprisonmentIn forcecited in 6 of our articles
(a) General rule.--Except as otherwise provided by statute, insanity or imprisonment does not extend the time limited by this subchapter for the commencement of a matter. (b) Infancy.-- (1) (i) If an individual entitled to bring a civil action is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced. Such person shall have the same time for commencing an action after attaining majority as is allowed to others by the provisions of this subchapter. (ii) As used in this paragraph, the term "minor" shall mean any individual who has not yet attained 18 years of age. (2) (i) If an individual entitled to bring a civil action arising from sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 37 years after attaining 18 years of age in which to commence an action for damages regardless of whether the individual files a criminal complaint regarding the sexual abuse.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 111 court opinionsMost recently applied by a court: 2026
Leading cases:
- Dalrymple v. Brown (Supreme Court of Pennsylvania 1997, 549 Pa. 217)“…ent, intentional, or otherwise tortious conduct.... . 42 Pa.C.S. § 5533 (1984) provides as follows: (b) Infan…”
- Fancsali v. University Health Center (Supreme Court of Pennsylvania 2000, 563 Pa. 439)“…the possibility that due to the "Minority Tolling Statute", 42 Pa. C.S. § 5533(b), the defendants would, for a conside…”
- LARTHEY BY LARTHEY v. Bland (Supreme Court of Pennsylvania 1987, 367 Pa. Super. 67)“…mmary judgment arguing that the tolling statute for minors, 42 Pa.C.S. § 5533(b), applies to appellants’ case and tol…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pennsylvania Slip and Fall Laws: Proving Premises Liability, Pennsylvania Statute of Limitations: Filing Deadlines by Case Type
§ 7102Comparative negligenceIn forcecited in 12 of our articles
(a) General rule.--In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff. (a.1) Recovery against joint defendant; contribution.-- (1) Where recovery is allowed against more than one person, including actions for strict liability, and where liability is attributed to more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of that defendant's liability to the amount of liability attributed to all defendants and other persons to whom liability is apportioned under subsection (a.2).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 273 court opinionsMost recently applied by a court: 2026
Leading cases:
- Carrender v. Fitterer (Supreme Court of Pennsylvania 1983, 503 Pa. 178)“…patible with Pennsylvania’s comparative negligence statute, 42 Pa.C.S. § 7102. 4 After the jury’s verdict, the trial…”
- Thompson v. City of Philadelphia (Supreme Court of Pennsylvania 1985, 507 Pa. 592)“…as amended October 5, 1980, P.L. 693, No. 142, § 222(a), 42 Pa.C.S. § 7102. [2] Act of July 9, 1976, P.L. 586,…”
- Dambacher by Dambacher v. Mallis (Supreme Court of Pennsylvania 1985, 336 Pa. Super. 22)“…The Pennsylvania Comparative Negligence statute provides at 42 Pa.C.S. § 7102 as follows: (a) General rule. In al…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in Pennsylvania (2026): Deadlines & Liability, Pennsylvania Wrongful Death Laws (2026): Deadlines & Who Sues
Pennsylvania Consolidated Statutes Title 75 (Vehicles)
§ 1702DefinitionsIn forcecited in 2 of our articles
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Assigned Risk Plan." A program for the equitable apportionment of assigned risks and clean risks among insurers. "Automobile Insurance Policy Act." The act of June 5, 1968 (P.L.140, No.78), entitled "An act regulating the writing, cancellation of or refusal to renew policies of automobile insurance; and imposing powers and duties on the Insurance Commissioner therefor." "Benefits" or "first party benefits." Medical benefits, income loss benefits, accidental death benefits and funeral benefits.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 240 court opinionsMost recently applied by a court: 2026
Leading cases:
- Kmonk-Sullivan v. State Farm Mutual Automobile Insurance (Supreme Court of Pennsylvania 2001, 567 Pa. 514)“…"limits of available ... self-insurance are insufficient" [75 Pa.C.S. § 1702] and that the available limits of the g…”
- Burstein v. Prudential Property & Casualty Insurance (Supreme Court of Pennsylvania 2002, 570 Pa. 177)“…nated insureds, and certain household family members. See 75 Pa.C.S. § 1702. This class of insureds has the stronge…”
- Wolgemuth v. Harleysville Mutual Insurance (Supreme Court of Pennsylvania 1988, 370 Pa. Super. 51)“…self-insurance are insufficient to pay losses and damages.” 75 Pa.C.S. § 1702. The act, as well, requires that…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1705Election of tort optionsIn forcecited in 6 of our articles
(a) Financial responsibility requirements.-- (1) Each insurer, not less than 45 days prior to the first renewal of a private passenger motor vehicle liability insurance policy on and after July 1, 1990, shall notify in writing each named insured of the availability of two alternatives of full tort insurance and limited tort insurance described in subsections (c) and (d). The notice shall be a standardized form adopted by the commissioner and shall include the following language: NOTICE TO NAMED INSUREDS A. "Limited Tort" Option--The laws of the Commonwealth of Pennsylvania give you the right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury" as set forth in the policy or unless one of several other exceptions noted in the policy applies.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 145 court opinionsMost recently applied by a court: 2025
Leading cases:
- Washington v. Baxter (Supreme Court of Pennsylvania 1998, 719 A.2d 733)“…tiff has suffered a “serious injury” which, for purposes of 75 Pa.C.S. § 1705(d), allows suit to be maintained for no…”
- Craley v. State Farm Fire & Casualty Co. (Supreme Court of Pennsylvania 2006, 586 Pa. 484)“…r relative of the named insured. 75 Pa.C.S. § 1702; see 75 Pa.C.S. § 1705(f). Under the section at issue in this…”
- Salazar v. Allstate Insurance (Supreme Court of Pennsylvania 1997, 549 Pa. 658)“…limited tort option pursuant to section 1705 of the MVFRL, 75 Pa.C.S. § 1705. The validity of Brown's limited tort o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1711Required benefitsIn forcecited in 2 of our articles
(a) Medical benefit.--An insurer issuing or delivering liability insurance policies covering any motor vehicle of the type required to be registered under this title, except recreational vehicles not intended for highway use, motorcycles, motor-driven cycles or motorized pedalcycles or like type vehicles, registered and operated in this Commonwealth, shall include coverage providing a medical benefit in the amount of $5,000. (b) Minimum policy.--All insurers subject to this chapter shall make available for purchase a motor vehicle insurance policy which contains only the minimum requirements of financial responsibility and medical benefits as provided for in this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 43 court opinionsMost recently applied by a court: 2019
Leading cases:
- Omodio v. Aetna Life & Casualty (Supreme Court of Pennsylvania 1989, 384 Pa. Super. 544)“…al Responsibility Law (“the Financial Responsibility Law”), 75 Pa.C.S. §§ 1711, 1712, which direct insurers to make av…”
- McKelvey v. Prudential Property & Casualty Insurance Co. (Supreme Court of Pennsylvania 1990, 392 Pa. Super. 216)“…arising out of the maintenance or use of a motor vehicle.” 75 Pa.C.S. §§ 1711, 1712. Appellant claims his injury aros…”
- In Re Septa Mvfrl Interest Litigation (Commonwealth Court of Pennsylvania 2010, 996 A.2d 1099)“…nefits as provided for in this chapter. (Emphasis added). 75 Pa.C.S. § 1711. Section 1716 of the MVFRL, also loca…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1731Availability, scope and amount of coverageIn forcecited in 2 of our articles
(a) Mandatory offering.--No motor vehicle liability insurance policy shall be delivered or issued for delivery in this Commonwealth, with respect to any motor vehicle registered or principally garaged in this Commonwealth, unless uninsured motorist and underinsured motorist coverages are offered therein or supplemental thereto in amounts as provided in section 1734 (relating to request for lower limits of coverage). Purchase of uninsured motorist and underinsured motorist coverages is optional. (b) Uninsured motorist coverage.--Uninsured motorist coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefor from owners or operators of uninsured motor vehicles. The named insured shall be informed that he may reject uninsured motorist coverage by signing the following written rejection form: REJECTION OF UNINSURED MOTORIST PROTECTION By signing this waiver I am rejecting uninsured motorist coverage under this policy, for myself and all relatives residing in my household.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 240 court opinionsMost recently applied by a court: 2026
Leading cases:
- Kmonk-Sullivan v. State Farm Mutual Automobile Insurance (Supreme Court of Pennsylvania 2001, 567 Pa. 514)“…nsured motorist and underinsurance coverages is optional. 75 Pa.C.S. § 1731(a). UIM insurance provides insureds, wh…”
- Burstein v. Prudential Property & Casualty Insurance (Supreme Court of Pennsylvania 2002, 570 Pa. 177)“…d insured made a written request for a lesser amount. See 75 Pa.C.S. §§ 1731, 1734 (superseded). Among other substan…”
- Wolgemuth v. Harleysville Mutual Insurance (Supreme Court of Pennsylvania 1988, 370 Pa. Super. 51)“…orist coverages in amounts equal to the liability coverage. 75 Pa.C.S. §§ 1731(a), 1734. An insured who purchases liab…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- 75 Pa.C.S. § 1705 (tort election: full tort vs. limited tort choice no-fault system)(legis.state.pa.us).gov
- 75 Pa.C.S. § 1702 (definitions: financial responsibility, serious injury threshold)(legis.state.pa.us).gov
- 75 Pa.C.S. § 1711 (mandatory first-party medical benefits / PIP, $5,000 minimum)(legis.state.pa.us).gov
- 75 Pa.C.S. §§ 1731, 1734 (UM/UIM offer requirement and written rejection forms)(legis.state.pa.us).gov
- 42 Pa.C.S. § 7102 (modified comparative negligence, 51% bar)(legis.state.pa.us).gov
- 42 Pa.C.S. § 5524 (2-year personal-injury and property-damage statute of limitations)(legis.state.pa.us).gov